Federal Court of Australia
Federal Court of Australia
DEP18 v Minister for Home Affairs [2022] FCA 159 Appeal from: DEP18 v Minister for Home Affairs [2020] FCCA 2726
File number: SAD 159 of 2020
Judgment of: BURLEY J
Date of judgment: 3 March 2022
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing judicial review application of Immigration Assessment Authority ("Authority") decision – where Authority rejected certain claims made by appellant as implausible – where Authority found that appellant had given inconsistent evidence throughout visa application process – where Authority did not accept that the appellant struggled with his memory due to mental illness – whether decision of Authority illogical or irrational – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa) 473FA(2) and 476(1)
Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 246 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 NAKD v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 321
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 22 July 2021
Counsel for the Appellant: Mr P Barnes
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